WiseBanyan Terms of Use

WiseBanyan, Inc. (“WiseBanyan” or “The Firm”) is a registered investment advisor that operates an advisory
service which interacts with Users and Clients through the website www.wisebanyan.com and a blog on
www.wisebanyan.com/wiseblog. By using the WiseBanyan website, blog, and the collection of features, tools,
technology, and software operated or offered by WiseBanyan (collectively the “Site”), you agree to these
Terms of Use.

IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT USE THE SITE.

1. Content.
“User Information” as used in these Terms of Use means, collectively, the information and other content that
users post, upload, submit, provide, approve of, or otherwise make available to the WiseBanyan site. This
User Information includes personal information such as name, address, employer, and email address, as well
as any other information gathered from Users and Clients through the Site. “Content” as used in these Terms
of Use means, collectively, all content on or made available through the WiseBanyan Site that is not User
Information, including but not limited to text, performance charts, investment portfolios, investment plans,
recommendations, projections, any information identifying or describing asset managers or funds, and stock
quotes. WiseBanyan reserves the right to remove and permanently delete any Content or User Information from
the Site without notice.

2. Eligibility.
The Site is intended solely for persons ages 18 years or older. By accessing or using the Site, you
represent and warrant that you are 18 or older. Any access to or use of the Site by anyone under 18 is
unauthorized, unlicensed, and in violation of these Terms of Use. WiseBanyan reserves the right to refuse
eligibility to any person or persons without cause.

3. Proper use.
WiseBanyan reserves the right to monitor your usage of the Site and content and to investigate suspicious
activity. In its sole discretion, WiseBanyan may take any action it deems necessary, including but not
limited to terminating the Account of any user that WiseBanyan determines has acted unethically or illegally
or otherwise has violated these Terms of Use.

4. Restrictions.
By accessing the Site, you agree not to engage in any of the following:

Circumvent, disable, or otherwise interfere with security-related features of the Site or features
preventing or restricting use or copying of any Content or User Information;

Email, upload, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials,
junk mail, spam, or any other form of solicitation;

Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use
the Site to send altered, deceptive, or false source- identifying information;

Use any meta tags or other hidden text or metadata utilizing a WiseBanyan name, trademark, URL or
product name;

Transmit or post any file which contains viruses, Trojan horses or any other contaminating, disruptive
or destructive computer code or features, or that
otherwise interferes with the proper working of the Site;

Upload, email, transmit, provide, or otherwise make available any User Information that includes code
that is hidden or otherwise surreptitiously contained
within the User Information;

Collect or store personal data about other Users;

Attempt to probe, scan, or test the vulnerability of any WiseBanyan system or network or breach or
impair or circumvent any security or authentication
measures protecting the Site;

Attempt to decipher, decompile, disassemble, or reverse-engineer any of the tools, features, software
programs and technologies on the Site;

Attempt to access, search, or meta-search the Site or content thereon with any engine, software, tool,
agent, device, or mechanism other than software
and/or search agents provided by WiseBanyan or other generally available third- party web browsers,
including without limitation any software that sends
queries to the WiseBanyan to determine how a website or web page ranks;

Violate the terms of service or any other rule or agreement applicable to you or WiseBanyan through the
Site’s inclusion in, reference to, or relationship
with any third party or third-party site or service, or your use of any such third-party site or
service;

Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other
form of social engineering, or commit fraud;

Solicit any user for any investment or other commercial or promotional transaction;

Violate any applicable law, regulation, or ordinance;

Use, launch, or permit to be used any automated system, including without limitation “robots,”
“crawlers,” “scrapers,” or “spiders”; or

Use the Site or content thereon in any manner not permitted by these Terms of Use.

5. Confidentiality of Information.
WiseBanyan has taken reasonable steps to ensure the confidentiality of information gathered through the Site and
transmitted via the Internet. However,
unexpected changes in technology may be used by unauthorized third parties to intercept confidential information
and we cannot be responsible should
confidential information be intercepted and subsequently used by an unintended recipient. Please read our
customer Privacy Policy for further information
on confidentiality of information.

6. Secured Areas.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users
only. Unauthorized persons attempting to access
these areas of the website may be subject to prosecution.

7. Copyright and Other Intellectual Property.
WiseBanyan maintains the Site, and is the owner or the authorized user of all text, images, graphics,
photos, animation, music, sounds and other materials
contained within the Site. The materials contained within the Site, including, without limitation, any
copyrights, trademarks, service marks, and all other
proprietary materials, are protected by the U.S. and international copyright laws and treaty provisions,
trademarks laws, and other proprietary rights
laws. WiseBanyan also owns a copyright in the selection, coordination and arrangement of the material
contained within the Site.

The material contained within the Site is provided by WiseBanyan only for lawful uses by customers,
WiseBanyan employees, and members of the general
public. The material may not be copied, republished, incorporated into another website or reproduced
(whether by linking, framing, or any other method),
transmitted, distributed, uploaded, posted, used to create a derivative work or exploited in any other way
without the express written consent of
WiseBanyan.

8. User Information.
“User Information” as used in these Terms of Use means, collectively, the information and other content that
users post, upload, submit, provide, approve
of, or otherwise make available to the Site. User Information specifically includes personal information
such as name, address, employer, likeness and
email address, as well as any other information programmatically available to the Site. “Content” as used in
these Terms of Use means, collectively, all
content on or made available through the Site that is not User Information, including but not limited to
text, data, reports, analyses, performance charts,
investment portfolios, investment plans, recommendations, projections, any information identifying or
describing asset managers or funds, and stock quotes.
WiseBanyan reserves the right to remove and permanently delete any Content or User Information from the Site
without notice.

a. License Grant.
WiseBanyan does not claim ownership rights in your User Information. However, by uploading, submitting,
emailing, posting, publishing, providing,
approving, sharing or otherwise making available any User Information to WiseBanyan or within the Site, you
hereby grant WiseBanyan a nonexclusive,
worldwide, royalty-free, sublicensable, perpetual, and irrevocable right and license to use, store,
reproduce, modify, adapt, and prepare derivative works
based on, perform, display, publish, distribute, transmit, broadcast, and otherwise exploit such User
Information in any form, medium, or technology now
known or later developed, including without limitation on the Site (including areas of the Site different
from the area of the Site to which you provided
the User Information), and on third-party websites through which you access the Site or parts thereof. In
addition, you warrant that all moral rights in
any User Information have been waived, and you do hereby waive any such moral rights. You represent and
warrant that you own or have the necessary
licenses, rights, consents, and permissions to grant the foregoing licenses to WiseBanyan. WiseBanyan shall
own all right, title and interest in and to all
derivative works and compilations of User Information that are created by WiseBanyan, including all
worldwide intellectual property rights therein. You
agree to execute and deliver such documents and provide all assistance reasonably requested by WiseBanyan to
give to WiseBanyan the full benefit of the
rights granted to WiseBanyan by you.

b. Limitations.
You acknowledge and agree that WiseBanyan may, at its option, establish limits concerning User Information,
including without limitation the maximum number
of days that User Information will remain on Site, the maximum size of any files that may be stored on or
uploaded to the Site, and the maximum disk space
that will be allotted to you for the storage of User Information. WiseBanyan shall have no responsibility or
liability and you are solely responsible for
creating back-ups of your User Information.

9. Communications.
The Site provides you WiseBanyan e-mail addresses so that you may communicate electronically by sending an
e-mail message to WiseBanyan. All e-mail sent to
and from WiseBanyan will be received or otherwise recorded by the WiseBanyan corporate e-mail system and is
subject to archival, monitoring or review by
and/or disclosure to, someone other than the recipient. In the course of its communications with you,
WiseBanyan may also, at its sole discretion, choose
to use telephonic communications if you provide us with a telephone number. Communications through the Site
may involve the electronic transmission, to any
e-mail address you provided to us, of information that you may consider to be personal financial information
and you agree and consent to such transmission
of such information. You agree not to use e-mail to transmit any confidential personal information. It is
your responsibility to update or change your
e-mail address, as appropriate.

10. Links.
Clicking on certain links within the Site or certain other websites that are linked to the Website may take
you to other websites, or may display
information on your computer screen from other websites, which may not be maintained by WiseBanyan. Such
websites may contain Terms of Use, privacy
provisions, confidentiality provisions, or other provisions that differ from the Terms of Use applicable to
the Site. Links to other Internet services and
websites are provided solely for the convenience of users. A link to any service or website is not an
endorsement of any kind of the service or website,
its content, or its sponsoring organization.

WiseBanyan assumes no responsibility or liability whatsoever for the content, accuracy, reliability or
opinions expressed in a website, to which the
website is linked (a “linked website”) and such linked websites are not monitored, investigated, or checked
for accuracy or completeness by WiseBanyan. It
is your responsibility to evaluate the accuracy, reliability, timeliness and completeness of any information
available on a linked website. All products,
services and content obtained from a linked website are provided “as is” without warranty of any kind,
express or implied, including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security,
or accuracy.

11. Limited Liability.
Neither WiseBanyan nor any other party involved in the creation, production or delivery of the information
at the Site, nor the officers, directors,
employees or representatives of WiseBanyan, are liable in any way for any indirect, special, punitive,
consequential, or indirect damages (including
without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or
in connection with the Site or the use of the
Site or with the delay or inability to use the Site, whether or not WiseBanyan is made aware of the
possibility of such damages. This limitation includes,
but is not limited to, the transmission of any viruses, data or harmful code that may affect your equipment
or anyone else’s equipment, any incompatibility
between the Site’s files and your browser or other Site accessing program, or any failure of any electronic
or telephone equipment, communication or
connection lines, unauthorized access, theft, operator errors, or any force majeure. WiseBanyan does not
guarantee continuous, uninterrupted or secure
access to the Site. The information, software, products and description of services published on the Site
may include inaccuracies or typographical errors,
and WiseBanyan specifically disclaims any liability for such inaccuracies or errors. Changes are
periodically made to the information on the Site.
WiseBanyan may make improvements or changes to the Site at any time.

12. No Warranties.
All products, services and content on the Site are provided “as is” without warranty of any kind, express or
implied, including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security,
or accuracy. WiseBanyan does not endorse and is
not responsible for the accuracy or reliability of any information on the Site. It is your responsibility to
evaluate the accuracy, reliability, timeliness
and completeness of any information available on the Site. WiseBanyan specifically disclaims any duty to
update the information on the Site.

13. Indemnification.
You agree to indemnify, defend, and hold WiseBanyan harmless from any liability, loss, claim and expense,
including attorney’s fees related to your
violation of these terms of use or the use of the Site.

14. Termination.
We may terminate or suspend your access to the Site or any portion thereof and remove any material
(including User Information) from the Site, in our sole
discretion, at any time for any reason without notice to you. Further, if we believe, in our sole
discretion, that a violation of these Terms of Use has
occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate
suspected violations of these Terms of Use,
including without limitation any violation arising from any User Information. We may seek to gather
information from a user who is suspected of violating
these Terms of Use (or from any other user) and you agree to provide us with such information. We will fully
cooperate with any law enforcement authorities
or court order requesting or directing us to disclose the identity of anyone posting, publishing, or
otherwise making available any User Information,
emails, or other materials that are believed to violate these Terms of Use.

15. Cancellation.
You may request cancellation of your Account at any time and for any reason by sending an e-mail to
support@wisebanyan.com. Any suspension, termination, or
cancellation shall not affect your obligations to WiseBanyan under these Terms of Use (including but not
limited to ownership, indemnification, and
limitation of liability), which by their sense and context are intended to survive such suspension,
termination, or cancellation.

16. Waiver and Severability.
Any waiver of any provision contained in these Terms of Use shall not be deemed to be a waiver of any other
right, term or provision of these Terms of Use.
If any provision in these Terms of Use shall be or become wholly or partially invalid, illegal or
unenforceable, such provision shall be enforced to the
extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall
in no way be affected or impaired thereby.

17. Choice of law.
These Terms of Use shall be governed by and interpreted in accordance with the laws of the United States of
America and where applicable the State of New
York, excluding that body of law pertaining to conflict of laws. You agree that the federal court of the New
York, if it has subject matter jurisdiction,
will have exclusive jurisdiction to hear and determine any claims or disputes between you and WiseBanyan,
pertaining directly or indirectly to these Terms
of Use, or to any matter arising from these Terms of Use, or any other document executed and delivered in
connection with these Terms of Use, the use of
the Site or the online services offered by WiseBanyan. If the federal court lacks subject matter
jurisdiction, any state court located in New York, New
York, will have exclusive jurisdiction to hear and determine such claims or disputes. To the fullest extent
permitted by applicable state and federal law,
you and WiseBanyan each agree to waive the constitutional right to a trial before a jury. You agree that
these Terms of Use and the rules, restrictions,
and policies contained herein, and WiseBanyan’s enforcement thereof, are not intended to confer and do not
confer any rights or remedies on any person
other than you and WiseBanyan. These Terms of Use together with the rules and policies of WiseBanyan
constitute the entire agreement between WiseBanyan and
you with respect to the subject matter hereof.

18. Modification of the Site or Terms of Use.
WiseBanyan reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the
Site, any portion thereof, or any content
thereon without advance notice, or to modify these Terms of Use. All modified terms of use will be effective
upon the date when the change takes effect,
unless there is a material change, which will be effective when WiseBanyan provides notice to you, unless a
longer notice period is required by applicable
law. If any modified terms of use are not acceptable to you, your sole remedy is to cease using the Site,
and if applicable, cancel your Account (defined
below) as specified below. By continuing to access or use the Site after WiseBanyan makes any such revision,
you agree to be bound by the revised Terms of
Use.

If you have questions about these Terms of Use or about the Site or content thereon, please contact us at
support@wisebanyan.com.

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Brokerage services provided to clients of WiseBanyan Inc. by WiseBanyan Securities LLC, a member of
FINRA/SIPC.
More information about broker dealers can be found here.
All cash and securities held in WiseBanyan client accounts are protected by SIPC up to $500,000, with a limit of $250,000 for cash.

Past performance is no guarantee of future results. All securities involve risk and may result in loss.
Not a solicitation or offer, or recommendation, or advice to buy or sell securities or services.